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HomeMy WebLinkAboutFOURWAY CONSTRUCTION 12-20 2012 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 25th day of July, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FOUR- WAY CONSTRUCTION, P.O. Box 133, Berlin, WI 54923, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 12-20 for Mini Storm Sewer & Storm Sewer Laterals, for the Public Works Department, pursuant to Resolution 12-367 adopted by the Common Council of the City of Oshkosh on the 24th day of July, 2012, all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's Proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $100,304.12, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the City's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this contract, the specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1 . This Instrument 2. The City's Approved Plans 3. Specifications, including any addenda 4. City of Oshkosh Standard Specifications 5. Instructions to Bidders 6. Advertisement for Bids 7. Contractor's Proposal The contract documents are complementary; what is required by one is as binding as if required by all. Before undertaking each part of the work, the Contractor shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. Contractor shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. 2 In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Contractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Pr- - ce of: CONTRACTOR FOUR-WAY CONSTRUCTION By: z.,7 (Seal of Contractor (Spe ify Title) if a Corporation.) /41_,By: _4 l _�. (Specify Title) CITY OF OSHKOSH By: 7:17-44/j_. 12ti Mark A. Rohloff, City Manager (Wit ess) T.) L ;-)1' � v� /' And ( � ik( '} fr (Witness) Pamela R. Ubrig, City Cler`<' iI 1 APPROVED: I hereby certify that the necessary provisions have been made to pay ' the liability which will accrue under this contract orney J City Co p of er 3 Bond No. 1010548 mansl�/ WISCONSIN SOCIETY OF ARCHITECTS THE AMERICAN INSTITUTE OF ARCHITECTS 411;;L III WIS. AIA DOCUMENT p JULY 1980 ED. WIS. A312 a a PUBLIC IMPROVEMENT 7 PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND U THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES. KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) Four-Way Construction of Wisconsin, Inc., P.O. Box 133, Berlin, Wisconsin 54923 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) THE HANOVER INSURANCE COMPANY, 333 West Pierce Road, Itasca, Illinois 60143 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) The City of Oshkosh, P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of One Hundred Thousand Three Hundred Four and 12/100s Dollars ($ 100,304.14, (Here insert a sum at least equal to the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these.presersts. WHEREAS, Principal has by written agreement dated July 25 �, 20;entered into a contract with Owner for Public Works Contract No. 12-20 - Mini Storm Sewer and Storm Sewer Laterals in Oshkosh. Wisconsin .drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutesi a in The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. C PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES m WIS.AIA DOC.WIS.A3I2AUGUST. 1989ED. PAGE 1 Copr. 1969 Wisconsin Society of Architects/AIA 321 S.Hamilton St. Madison,Wis.53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 27th day of July , • 2012 IN THE PRESENCE OF: FOUR-WAY CONSTRUCTION OF WISCONSIN, INC. Principal --� ; Of THE HANOVER NS CE COMPANY Naas of Surety )4(letL-- - (Seal) tt') Title: Dennis M. Barton, Attorney—In—Fact APPROVED BY IN THE PRESENCE OF: Owser By: (Seel) Witness Mk: *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 AUGUST 1989 ED. PAGE 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICAe corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Michael T. Burg,Daniel G.Johnson,Joseph L.Vigna, Dennis Barton and/or Elizabeth M. Fedyn of Brookfield,WI and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: • Any such obligations inthe United States,not to exceed Twenty Million and No/100($x,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Compaes which resolutions are still in effect: "RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OFAMERICA have caused these presents to be sealed with their respective corporate seals,duly attested bwo Vice Presidents, this 5th day of January 2012. THE HANOVER INSURANCE COMPANY '"",. ,,,, ,,w� .ci MASSACHUSETTS BAY INSURANCE COMPANY .11 r>"► :. CITIZENS URANC OMPANY OF AMERICA., /972 . ) fii. , ttj till Iiiii- i ,,, 47,, %-t--4- :,A:;;?' C"'s. '''' .. i , I ' Robert Thomas.Vice President • THE COMMONWEALTH OF MASSACHUSETTS ) .if COUNTY OF WORCESTER )ss. Joe Arrnsironi, vice President On this 5th day of January 2012 before me came the above named Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. , °`"4r. BARBARA A.GARLICK f: Notary Public �v 4vtJy Carer-smcr,Ergo Sept.21._sib Barbara A.Garlick Notary Public My Commission ExpiresSeptember 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in forceand effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this27 thday of July 20 12 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Ginn Margoslan,Vice President OP ID: MM ACORU' CERTIFICATE OF LIABILITY INSURANCE DATE 07/27OIYYYY) 07!27!12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 920-748-2811 NAME: THE DIEDRICH AGENCY,INC. FAX 748-5044 PHONE FAX PO BOX 306 (A/C.No.Ext): (NC,No): RIPON,WI 54971 E-MAIL ADDRESS: John C.Diedrich PRODUCER CUSTOMER ID#:FOURW-1 INSURER(S)AFFORDING COVERAGE _ NAIC# INSURED FOUR-WAY CONSTRUCTION CO INSURER A:Regent Insurance _24414 ATTN JEAN INSURER B:Accident Fund 10166 PO BOX 133 - BERLIN,WI 54923 INSURERC: — INSURER D: — INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POUCY EXP LTR TYPE OF INSURANCE INSR WVD POUCY NUMBER JMM/DD/YYYY)JMM/DD/YYYYL _ UMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CCI0104162 03/31/12 03/31/13 DMAG TO E Ra ENcaTED rence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(My one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 X EMPLOYEE BENEFITS GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ JECT AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO CBA0104162 03/31/12 03/31/13 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 A CCU0104162 03/31/12 03/31/13 DEDUCTIBLE $ X RETENTION $ 10000 _ $ WORKERS COMPENSATION X WRTMTS 0R- AND EMPLOYERS'UABIUTY Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE WCV5004770 03/31/12 03/31/13 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A EQUIPMENT FLOATER CCI0104162 03/31/12 03/31/13 LEASED OR 250,000 RENTED EQ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS EMPLOYEES AND AUTHORIZED VOLUNTEERS AS ADDITIONAL INSURED. RE:PUBLIC WORKS CONTRACT NO. 12-20. CERTIFICATE HOLDER CANCELLATION CITYOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF OSHKOSH ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 1130 OSHKOSH,WI 54903 AUTHORIZED REPRESENTATIVE John C.Diedrich ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD